dissenting:
In this administrative review action we are obliged to affirm the finding of the administrative agency, the Illinois Human Rights Commission, unless we determine that “all reasonable and unbiased persons, acting within the limits prescribed by law and drawing all inferences in support of the finding, would agree that the finding is erroneous” and that the opposite conclusion is evident. (Daniels v. Police Board (1976), 37 Ill. App. 3d 1018, 1023, 349 N.E.2d 504, 508.) Because I believe that the plaintiff-appellant has utterly failed to meet this heavy burden, I must respectfully dissent from the majority’s decision to overturn the findings of the Commission.
The Commission found that the plaintiff was terminated because of insubordination and a poor work record. A review of the record on appeal (a review made exceedingly difficult by the completely inadequate statement of facts presented by plaintiff in his brief) establishes the following. In the nine months that the plaintiff worked for the CJC he repeatedly violated the CJC’s rigid timekeeping requirements, requirements necessitated by strict Federal and State scrutiny of the CJC. In August 1977 plaintiff was reprimanded in writing for omitting and then incorrectly entering the time he returned for lunch. In September 1977 he became abusive and argumentative when questioned by a superior about a request to prepare two memoranda concerning three workdays he missed while attending the out-of-town funeral of his grandmother. He received a three-day suspension for this. In March 1978 plaintiff incorrectly filled out his work sheets, listing a half-day meeting as taking a full workday, claiming to have worked on a day he called in sick, and providing an incorrect description of work he performed on five other days. Even after being instructed to correct these errors plaintiff again reported that he had worked on a day on which he had not worked and for which he had requested sick pay. As the result of these errors a review was conducted of plaintiff’s work record for January 2, 1978, to April 7, 1978. It was established that over one-third (140 hours) of the hours of work reported by plaintiff for that period were for projects which in fact were not assigned to plaintiff and for which he had produced no results.
Plaintiff, along with other employees, was then asked to prepare a memorandum listing his work schedule, the needs of the office and his special interests. One reason for the request was that plaintiff’s superiors were attempting to determine whether plaintiff should be retained but with different work assignments. Plaintiff submitted a memorandum stating that based, inter alia, on his law degree and his status as an instructor in criminal law, he was severely underpaid. In fact, the record establishes that when hired the plaintiff was paid 8% more than he ordinarily would have been paid because of his legal education. However, by the time plaintiff submitted his memorandum he had flunked the Illinois bar examination twice. The instruction position referred to in the memo was in violation of an office policy requiring written approval for secondary employment. CJC’s executive director, Daniel O’Connell, testified that the day plaintiff was hired plaintiff was given time off to go resign from this other job. Plaintiff denied that occurrence but admitted that he never obtained permission for the secondary employment. Indeed he stated he first disclosed that job in his memorandum.
In the same memorandum plaintiff also stated “if my skin were of a different color there is no question that I would be receiving top wages.” Daniel O’Connell testified that he reacted to the memorandum with confusion, suspicion and disappointment. He sought to question plaintiff about the specifics of the race discrimination charge. Despite repeated requests plaintiff would not elaborate, stating only that a child could understand the comment. O’Connell testified that he considered this to be unprofessional behavior and he suspended plaintiff for two days, telling him he should consider whether he wished to continue his employment. Upon his return to work plaintiff stated he had no intention of leaving his employment. However O’Connell told him that after a review of his statement he had decided to fire him. O’Connell testified that plaintiff was in “serious trouble” even before the incident with the memorandum. He believed plaintiff would have been fired even if the memorandum had not existed. The CJC subsequently hired a black woman to replace the plaintiff.
All of this evidence amply supports the finding of the Commission that plaintiff was fired for insubordination and a poor work record. Certainly it does not support the majority’s bald conclusion that plaintiff was discharged because of his race. Accordingly, I dissent.